The Details of the Case
Figma, a collaborative web application for UI/UX and graphic design, has seen a steady rise in popularity thanks to its innovative features and intuitive workflow. The platform is centered around three modes—Design Mode, Prototype Mode, and Developer Mode—each tailored to a different stage of the design-to-development process.
In 2024, Figma officially registered “Dev Mode” as a trademark in the United States, granting the company exclusive rights to use the term within their industry. The move solidified their claim to the branding and paved the way for enforcement against potentially infringing parties.
Soon after the registration, Figma began actively protecting its trademark. One of their first enforcement actions targeted a Swedish startup called Lovable, which had also launched a feature under the name “Dev Mode.” Figma issued a formal cease and desist letter, requesting that Lovable:
Cease all commercial use of the term “Dev Mode”
Rename the feature in question
Remove all instances of the term from their website, UI, and marketing assets
The Response
Anton Osika, the CEO of Lovable, publicly responded to the cease and desist letter by sharing it on X. In his post, he clarified that Lovable’s “Dev Mode” was designed to allow users to edit code directly within their projects—a clear functional reference rather than an attempt at brand identity mimicry.
Osika also pointed out that “Dev Mode” is a broadly used term in the tech industry, citing its use by other major companies like Wix, Atlassian, and Shopify. According to him, the phrase has become a descriptive term within the developer community rather than a unique brand identifier.
His post quickly went viral, sparking widespread debate within the tech world. Many users, developers, and even legal commentators sided with Lovable, arguing that “Dev Mode” is a generic, commonly used term and shouldn’t be subject to exclusive trademark protection.
Generic vs. Distinctive Trademarks
A generic trademark refers to a term that is commonly used to describe a general class of products or services. Once a trademark becomes generic, it loses legal protection. Classic examples include “aspirin,” “escalator,” and “thermos”—all of which were once protected trademarks but eventually became so widely used that they entered the public domain.
By contrast, a distinctive trademark uniquely identifies the source of a product or service. These marks are usually invented terms or uncommon words that don’t directly describe the product itself. Examples include “Kodak,” “Google,” and “Nike.” Because they serve as a clear source identifier, they are granted the strongest legal protections.
In the case of Figma, critics argue that “Dev Mode” has been widely used in developer communities long before Figma sought trademark protection. It arguably falls into the category of a descriptive or generic term—a label used to describe a type of functionality rather than a specific product brand.
The Role of Secondary Meaning
That said, even generic or descriptive terms can gain trademark protection if they acquire what's known as secondary meaning. This happens when the consuming public begins to associate a generic term with a particular brand due to consistent use, extensive marketing, and strong brand recognition. Companies like Apple, Target, and Amazon have all successfully transformed relatively generic words into powerful trademarks through branding and market dominance.
Figma may argue that, although “Dev Mode” is a commonly used phrase, it has become closely associated with their platform specifically—particularly since the company introduced its own Dev Mode feature as a cornerstone for bridging designers and developers.
However, convincing a court of that association—especially in the face of a broad industry norm—could prove difficult.
Takeaways
This case underscores the complexity of trademark law, especially when it involves industry-standard terminology. While companies are entitled to protect their trademarks, the boundary between enforceable trademarks and generic usage can be fuzzy—particularly in fast-evolving fields like software and development.
Figma, having secured registration for “Dev Mode,” has every legal right to attempt enforcement. But whether the term is enforceable in a court of law depends heavily on how it is perceived within the industry. If the phrase is seen as generic or descriptive rather than a source identifier, Figma may face significant challenges in asserting exclusive rights.
As of now, it's unclear whether Figma intends to escalate the situation or if the dispute will end with Lovable’s response. Regardless of the outcome, the case serves as a useful reminder to tech companies and startups alike to carefully consider the implications of using common terminology in feature names—and to ensure early trademark assessments before launching widely.
FAQs - Figma vs. Lovable
1. Can companies trademark commonly used industry terms?
Only under certain conditions. If a term is generic or descriptive, it typically cannot be registered unless it has acquired secondary meaning that clearly links it to one specific brand in the public’s mind.
2. Why is there backlash against Figma’s trademark enforcement?
Many developers argue that “Dev Mode” is a generic term used across the tech industry for years and shouldn’t be subject to exclusive trademark claims. The backlash stems from fears that enforcing such a claim could set a restrictive precedent.
3. What is a cease and desist letter in trademark law?
It’s a legal notice sent by a trademark holder demanding that the recipient stop using a specific term or mark that allegedly infringes on their rights. It’s often a first step before pursuing formal legal action.
